November 9

Another Problem with HPRP

HPRP is a for profit vendor of the State of Michigan that provides mental health and substance abuse treatment for health professionals. The health professionals pay for their own treatment. The program is expensive and once a health professional signs a contract or even just contacts HPRP, the corporation may use the threat of license loss to full effect. Once the corporation is contacted in any manner, consequences commence.

A health professional should call me before even thinking about contacting HPRP by phone or email. Often, there are other ways of handling issues- without HPRP.

HPRP has a policy of refusing to speak to its patient’s lawyers. HPRP instead wants to speak directly to the patient at all times. This in my opinion is an unethical policy by HPRP. All mental health professionals and lawyers know about the concept of undue influence and transference phenomenon.

HPRP builds a rapport with its patients to facilitate substance abuse or mental health treatment. That very rapport permits HPRP to have undue influence over the patient. HPRP refuses to talk to patient’s lawyers.

There is no legitimate reason why HPRP cannot speak only to patient’s attorneys about business issues. There are however serious ethical issues presented when HPRP exerts pressure on patients over money and therapy issues. This issue of rapport and undue influence is precisely why the mental health professions and their insurance carriers frown upon romantic and sexual relationships between a mental health practitioner and her patient. It is very hard to say no to a therapist who can affect your professional license. Call me if you have any such problems.

October 30

WHISTLEBLOWER ACTION FOR YOU?

AmerisourceBergen Corporation Agrees to Pay $625 Million to Resolve Allegations That it Illegally Repackaged Cancer–Supportive Injectable Drugs to Profit From Overfill

I am very pleased that a couple of my clients were among the successful relators in a whistleblower action that is among the tenth largest in U.S. history.

I remember the day when my client-pharmacists came to my office telling me about an elaborate scheme. They had knowledge that expensive cancer drugs were removed from their original packaging, then re-packaged into prefilled syringes; essentially creating a fifth dose of the medication from the overfill from four legitimate dosage units.

This allowed AmerisourceBergen and its subsidiary to bill government for adulterated and misbranded medications.

The settlement with the government for this scheme was over $625 million dollars.

Never was the current phrase “if you see something, say something” more effective.

If you know about wrongdoing please first keep it secret and second, call me. In general, the first to report takes the lion’s share of the recovery–Promptness and secrecy are key.

December 21

ARE PHARMACIES AND DOCTORS THE REAL CAUSE OF OPIOID ABUSE?

As you are aware, right now pharmacies, pharmacists-in-charge, NP’s, PA’s and doctors are being hammered in an effort to fight an “opioid epidemic”.

You may wonder why it seems that all the enforcement efforts are focused on small community pharmacies and individual physicians. How much of an effect can such small businesses have? What about wholesalers?

Click this link for an excellent investigative report by The Washington Post on the truth of the matter. DEA Slowed Enforcement While The Opioid Epidemic Grew Out of Control. Read the highly informative article and make up your own mind what is going on. Yes, this article names names.

Voters want to “drain the swamp”. After you read this article I’m sure you will agree that the swamp in Washington and at state government level is vaster and deeper than you may have imagined.

The DEA is a police force and are good at investigating but don’t know how to treat disease states. Drug abuse should be addressed by a multidisciplinary panel of experts from the fields of medicine, pharmacy, substance abuse, sociology, economics, psychology, and public health. Politicians have no knowledge and it shows.

In another blog I will address evidence based treatment.

December 21

HPRP AND THE HOLIDAYS

It’s that time of year when I warn all healthcare practitioners that should you become involved with an alcohol, marijuana or substance abuse matter (criminal or employment) during the Holidays, call me first before you admit to anything. I can’t think of a single time when confessing to something before you talk to a lawyer ever helped. Do not listen to your well-intentioned but misinformed colleague, who will reflexively urge you to report yourself to HPRP. Your colleague is not an experienced, real-life lawyer—I am.

Nobody has mercy today. You don’t deserve to be destroyed. Don’t jump into a wood chipper. It is not at all unusual for novice drinkers to over celebrate during the Holidays and to become involved with law enforcement. Keep my phone numbers in your cell phone. My office number is (586) 598-4650 and my cell phone is (586) 243-5457. If you’re leaving a message, speak clearly and make sure you leave your phone number with the area code. If you are calling late at night, please make sure it is an emergency.

It is inevitable that some of you will be arrested and you need to restrain your feelings of guilt, remorse and shame. While you may feel really bad in the immediate aftermath of such an adverse encounter, remember that you still have to practice your profession and earn a living every day of the next year and years to come.

Please be sure to telephone me before you make any decisions about how to defend yourself in the criminal proceeding, termination from employment or other adverse reaction or in particular, before you decide to self-report to HPRP.

Most people do not need intensive substance abuse therapy which consumes all of your free time, is enormously expensive, changes your employment and takes your freedom and dignity.

Millions of people have over imbibed on occasion and modified their drinking and other behavior on their own without the restraints of harsh, compulsive therapy regimes.

In short, be kind to yourself and your family and do not let panic and guilt overwhelm your own natural, self-protection instincts. At the very least, schedule a conference with me and we will examine the pros and cons in your particular case.

I want you to keep your freedom and dignity. There are scores of health professionals I have saved and no one knows they were ever in criminal jeopardy. It is our secret that I will take to my grave.